Texas Surveyors Practice Exam

In what scenarios is tacking allowed in property claims?

1. Upon sales of neighboring properties

2. If there is privity of estate or through inheritance

3. When property taxes are paid consistently

4. During a legal dispute over property boundaries

The correct answer is: If there is privity of estate or through inheritance

Tacking is a legal concept in property law that allows a person to add together successive periods of possession by different parties to establish a continuous period of possession required to claim adverse possession. The correct context for tacking occurs when there is privity of estate, which signifies a legal connection or relationship between successive possessors, such as through inheritance or the transfer of property. This means that if one person possessed the property and then transferred their interest to another party (with a legal relationship established), the second person can "tack" their period of possession onto the first person’s to satisfy the statutory duration required for a claim. In scenarios where the connection of privity—such as through inheritance or valid transfers—exists, the continuous period of possession necessary to claim adverse possession can be established. This is crucial because it recognizes the legal link between past and present possessors, allowing for a cumulative effect on the claim of ownership. Other options break down as follows: While sales of neighboring properties might involve multiple transactions, they do not inherently create the legal relationship necessary for tacking unless privity is established. Consistent payment of property taxes, while potentially beneficial for some claims, does not itself allow tacking unless the possessors are connected through privity. Legal